Last week we put In re Mentor Corp. Obtape Transobturator Sling Products Liability Litigation (Doria), 2009 WL 2600517 (M.D. Ga. Aug. 24, 2009) (slip op. here), on the device preemption scorecard. Only a couple of pages long, Doria held that punitive damages were unavailable the New Jersey Product Liability Act (“PLA”) because the fraud on the FDA exception in the PLA was preempted by Buckman Co. v. Plaintiffs’ (more…)

This guest post was written by Sean P. Costello http://www.jonesday.com/scostello/. Mr. Costello is an associate resident in the Atlanta office of Jones Day http://www.jonesday.com/Home.aspx. This post is entirely his work. It, of course, represents only his views, and not the views of his clients or firm:

At 10:00 a.m. (Central Standard Time) today, the Minnesota Supreme Court handed down its highly anticipated decision in Fleeger (more…)